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99106857
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Last modified
3/13/2012 6:26:37 PM
Creation date
10/20/2005 11:57:25 PM
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DEEDS
Inst Number
99106857
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. . <br /> � . 99 10685� <br /> 14 . REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and <br /> each of them, shall be entitled to enforce payment and performance <br /> of any indebtedness or obligations secured hereby and to exercise <br /> all rights and powers under this Deed of Trust or under any Proj ect <br /> Loan Document or other agreement or any laws now or hereafter in <br /> force, notwithstanding some or all of such indebtedness and <br /> obligations secured hereby may now or hereafter be otherwise <br /> secured, whether by mortgage, deed of trust, pledge, lien, <br /> assignment or otherwise. Neither the acceptance of this Deed of <br /> Trust nor its enforcement, whether by court action or pursuant to <br /> the power of sale or other powers herein contained, shall prejudice <br /> or in any manner affect Trustee ' s or Beneficiary' s right to realize <br /> upon or enforce any other security now or hereafter held by Trustee <br /> or Beneficiary, it being agreed that Trustee and Beneficiary, and I <br /> each of them, shall be entitled to enforce this Deed of Trust and <br /> any other security now or hereafter held by Beneficiary or Trustee <br /> in such order and manner as they or either of them may in their <br /> absolute discretion determine . No remedy herein conferred upon or <br /> reserved to Trustee or Beneficiary is intended to be exclusive of <br /> any other remedy herein or by law provided or permitted, but each <br /> shall be cumulative and shall be in addition to every other remedy <br /> given hereunder or now or hereafter existing at law or in equity or <br /> by statute . Every power or remedy given by any of the Project Loan <br /> Documents to Trustee or Beneficiary or to which either of them may <br /> be otherwise entitled, may be exercised, concurrently or <br /> independently, from time to time and as often as may be deemed <br /> expedient by Trustee or Beneficiary and either of them may pursue <br /> inconsistent remedies . Nothing herein shall be construed as <br /> prohibiting Beneficiary from seeking a deficiency judgment against <br /> Trustor to the extent such action is permitted by law. <br /> 15 . REOUEST FOR NOTICE. Trustor on behalf of itself and all <br /> other parties hereto hereby requests a copy of any notice of <br /> default and that any notice of sale hereunder be mailed to it at <br /> the address set forth in the first paragraph of this Deed of Trust . <br /> 16 . SEVERABILITY AND GOVERNING LAW. This Deed of Trust shall <br /> be governed by the laws of the State of Nebraska to the extent <br /> necessary to ensure its enforceability, validity and legality <br /> pursuant to such laws . If any provisions of this Deed of Trust, <br /> the Loan Agreement, or any other documents securing payment of the <br /> debt secured hereby shall for any reason be held to be invalid, <br /> illegal or unenforceable in any respect, the remaining provisions <br /> of this Deed of Trust, the Loan Agreement and such other documents <br /> shall not be affected, and Beneficiary may elect to have this Deed <br /> of Trust, the Loan Agreement and such other documents, or any of <br /> them, construed as if such invalid, illegal or unenforceable <br /> provision had never been included therein or herein. This <br /> instrument cannot be waived, changed, discharged or terminated <br /> orally, but only by an instrument in writing signed by the party <br /> 12 <br />
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